Heron v. Gaylor

McGHEE, Justice.

This action was instituted by the plaintiff-appellant in the District Court of Rio Arriba County on September 28, 1937, seeking to enjoin the defendant-appellee from trespassing on certain lands. Summons was served and presumably the defendant answered seasonably, but the answer is not a part of the record. On June 19, 1944, the plaintiff filed his first amended complaint and an answer thereto was filed on July 21, 1944. ■ Nothing further appears to have been done in the case until on July 'll, 1947, when the defendant filed a motion to dismiss under Rule 41(b) and (e), Rules…